Pre 09 July 2012 PBS Dependants

[talkhome]

As we all know after the drastic changes in immigration rules on 06/04/2014, pre 9th July 2012 PBS dependants won't be able to combine any time spent as PBS dependant with FLR(M) to qualify for ILR and their qualifying time period of 5 years will start from the day they are granted FLR(M) visa.

I met with a solicitor today to discuss this.

Solicitor believe that the rule can be easily challenged and we have a very good chance to win.

Can I kindly ask gurus for their point of view as well as someone who also met solicitors to discuss the same?

[Casa]

So when the solicitor says "we have a very good chance to win."...does that mean you and him/her and under what grounds?

[CR001]

No chance, the April 2014 rule changes are very clear. Spouse will need 5 years on FLR(M) to qualify for ILR or 10 years ILR if that is reached sooner and spouse meets all the requirements.

Is this the same solicitor that gave such fundamentally wrong advice in the thread below about bank statements? It would cost a fortune to challenge HO and all you will be is bankrupt and your solicitor will be smiling all the way to the bank with your money.

http://www.immigrationboards.com/immigr ... l#p1383218

I see the visa was granted, congratulations.

http://www.immigrationboards.com/immigr ... l#p1385157

[talkhome]

So when the solicitor says "we have a very good chance to win."...does that mean you and him/her and under what grounds?

Solicitor believe the purpose of extending 2 years to 5 years was
To test if relation is genuine. In our case my spouse spent
8 years 7 months already as a pbs dependent.

[talkhome]

No chance, the April 2014 rule changes are very clear. Spouse will need 5 years on FLR(M) to qualify for ILR or 10 years ILR if that is reached sooner and spouse meets all the requirements.

Is this the same solicitor that gave such fundamentally wrong advice in the thread below about bank statements? It would cost a fortune to challenge HO and all you will be is bankrupt and your solicitor will be smiling all the way to the bank with your money.

http://www.immigrationboards.com/immigr ... l#p1383218

I see the visa was granted, congratulations.

http://www.immigrationboards.com/immigr ... l#p1385157

Thank you Guru.

You are right solicitor will charge 7000 but he has few clients
In terms same situation so he was saying he will contact them to see if they can contribute.

[CR001]

Hard when the actual immigration rules have been changed and been in place now for more than 2 years. Your solicitor is talking nonsense and he will indeed be the only 'winner' out of such a challenge.

http://www.immigrationboards.com/immigr ... 43881.html

[Casa]

Hard when the actual immigration rules have been changed and been in place now for more than 2 years. Your solicitor is talking nonsense and he will indeed be the only 'winner' out of such a challenge.

http://www.immigrationboards.com/immigr ... 43881.html

....no doubt your solicitor isn't confident enough to take the case on a 'no win, no fee' basis.

[talkhome]

Gurus,

I truly respect your inputs and I made my mind not to go ahead with this as it looks like I will waste money.

Can you please advise me if my spouse has a chance on 10 years long residency. She has 7 months 20 days gap in 2007 bcz she got ill when she went to Pakistan. so this 50 days is out of the limit. we have doctor letter hospital record but not sure what to do?

She came in the UK 04/2007 originally then she went to visit Pakistan 09/2007 where she got ill.

[secret.simon]

Would she meet all the requirements for ILR(LR) if you count 10 years from her return in 2008 (after the illness)?

See Page 14 of the Long Residence guidance.

for the single absence of over 180 days:
- you must consider how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so
- you must also consider the reasons for the absence

<>for overall absences of 540 days in the 10 year period:
- you must consider whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the ten year residence period, and how soon they will be able to meet that requirement
- if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements

[talkhome]

Would she meet all the requirements for ILR(LR) if you count 10 years from her return in 2008 (after the illness)?

See Page 14 of the Long Residence guidance.

for the single absence of over 180 days:
- you must consider how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so
- you must also consider the reasons for the absence

<>for overall absences of 540 days in the 10 year period:
- you must consider whether the long absence (or absences) that pushed the applicant over the limit happened towards the start or end of the ten year residence period, and how soon they will be able to meet that requirement
- if the absences were towards the start of that period, the person may be able to meet the requirements in the near future, and so could be expected to apply when they meet the requirements

Yes, she meets all other requirements for set LR.

In-fact she never travelled outside UK since 2008. so in her whole travelling history of last 10 years only 1 visit to Pakistan that exceeded 180 days and to be more precise she spent 230 days.

Her absence was due to illness.

Do you think Doctor letter and hospital paperwork would be enough or shall I also try to find her original booking date that we had to cancel.

should we go through a solicitor or you guys think I can make her application. She is due for ILR on 10 year s in Beginning of March 2007(entered UK April 2007).